IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 904 of 2000()
1. P.S.MONY
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.V.G.ARUN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :18/06/2007
O R D E R
K.R. UDAYABHANU, J.
CRL.R.P.NO.904 of 2000
DATED THIS THE 18th JUNE 2007
ORDER
The revision petition is filed under Section 319 Cr.P.C.to
incorporate the revision petitioner as an additional accused. It
is pointed out that the petitioner was the then working as Joint
Director in the Agricultural Department. He was not in station
and the investigating officer had examined the official records in
this regard and hence in spite of the fact that the de facto
complainant had alleged that the revision petitioner was also
involved in an incident, he was deleted from the accused array.
The order incorporating as an additional accused is totally
unjustified, it is contended.
2. I find that the court below has just considered the
matter in a very concise manner and just mentioned that Pws.1
to 5 have deposed that the 4th accused was not the actual
person involved in the incident and one Robert, the son-in-law of
A1 is the 4th accused . The name of the revision petitioner is
Mony and not Robert. Robert is the nephew of A1 and his name
CRL.R.P.NO.904/2000 -2-
is mentioned in the F.I.S. Evidently the court below has not
applied mind as the nephew is mentioned as the son-in-law. In
the circumstances, I find that the direction of the court below
directing to issue summons to the revision petitioner without
properly considering the matter cannot be upheld.
In the circumstances, the order of the court below is set
aside. The court below is directed to dispose of the matter on the
basis of the available evidence at the earliest. The Crl.revision
petition is allowed.
K.R.UDAYABHANU, JUDGE
ks.
CRL.R.P.NO.904/2000 -3-
ORDER ON CRL.M.P. NO. 4801/2000 IN CRL.R.P.NO. 904 OF 2000-A
DISMISSED.
18-6-2007 SD/-K.R.UDAYABHANU, JUDGE
TRUE COPY
P.S.TO JUDGE
CRL.R.P.NO.904/2000 -4-
K.R.UDAYABHANU, J
CRL.R.P.NO.904 of 2000
ORDER
18-6-2007
CRL.R.P.NO.904/2000 -5-